36883 - BR2 LQ & La Quinta Land CompanyCONSENT CALENDAR ITEM NO.
City of La Quinta
CITY COUNCIL MEETING May 17, 2016
STAFF REPORT
AGENDA TITLE. ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO.
36883, WASHINGTON PARK COMMERCIAL DEVELOPMENT
RECOMMENDATION
Accept the off-site improvements associated with Parcel Map No. 36883, Washington Park
Commercial Development; authorize staff to release the performance security upon
receiving the warranty security; and direct staff to release the labor and materials security
90 days after City Council acceptance of the improvements.
EXECUTIVE SUMMARY
• Washington Park Commercial Development is located at the northeast corner of
Washington Street and Avenue 47 (Attachment 1).
• LQ Land Company and BR 2, LLC (Developer) has completed all obligations of the
Off-site Subdivision Improvement Agreement and has requested release of the
performance and labor and materials securities.
• Staff has verified satisfactory completion of these improvements and recommends
acceptance of the off-site improvements.
FISCAL IMPACT - None.
BACKGROUND/ANALYSIS
The Developer of Washington Park Commercial Development has completed all off-site
improvements required by the conditions of approval for Parcel Map No. 36883. The off-
site improvements include constructing a northbound right -turn lane extension on
Washington Street and an all -way stop controlled intersection at Avenue 47 and Caleo Bay
Drive. Staff has inspected the improvements and has verified that they meet City approved
plans and standards.
ALTERNATIVES
Acceptance of these improvements is a ministerial action necessary for the release of the
off-site improvement securities. Since the improvements have been inspected and found
to meet City standards, staff does not recommend an alternative action.
Prepared by: Bryan McKinney, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer
Attachment: 1. Vicinity Map
53
ATTACHMENT 1
PARCEL MAP NO. 36883 WASHINGTON PARK
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PALM DESERT -4,041
PRO✓ECT
SITE
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AVENUE 47
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AVENUE 48
VICINITY MAP
NOT TO SCALE
SUBDIVISION IMPROVEMENT a
,. MAP NO. 36883
60-8fft trAPROVEMENTS
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3) For other forms of sedurity osted in Section 3 B, ab6v6, there will be 66 adlministt6tilive
Em
De This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing
pa
F ny failure or delay by either party in asserting any of its rights and remedies as to any 'efault
shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
Time is of the essence in the performance of each and every provision of this Agreements
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement,
I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter,
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CI City of La Quinta
78-495 Calle Tampico
La Quints, CA 92253
760/777-707
Digitally signed by Frank J. Spevacek
DN: serial Number=1 n615nh01202cvmj, -US,
.....=si=California, I=La Quinta, o=Frank J.
Spevacek, cn=Frank J. Spevacek
Date: 2015.10.1914:39:46-07'00,
Frank J. Spevacek, City Manager Date
ATTEST:
Digitally signed by City of La Quinta
_' DN. serial Number 6fmhzhdh fJ 93cr, c=US st=California;
La Quints,o Cty of La Qunta,c City of Le Quinta
Date: 2015.10 19 14:45:05 -07 00'
Susan Maysels, City Clerk
R 2, LLC, a Delaware limited liability company and
LQ Land Company, LLC, a California limited liability company
30240 Rancho View R., Ste
San:Juan Capistrano, CA 92 51
By: BY:
Charles Jack Tarr, BR 2, LLC Date Charles Jack Tarr, LQ La d Company LLC Date
Title Its dle ana er Title Its Sole'lvlangggr
Reviewed and Approved'
t
rTithy R. JI ass boa CityEngineerat
Approved as to For;
1O119/1
illiarn Fie lhrke, City Attorney ®ate
aOf9
Exhibit
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. M
I INN r--6U1116 fail IIII(A Mill OffliM
SY.. w ! it ':i + t ' t t.. t ...:*
IN I
are complete and accepted by the City Council.
Description
Improvement r
Street Improvements 19,422 19,422
Signing and Striping $ 4,306 $ 4,306
Totals 23,728 $ 23,723
Standard 1 % Contingency 2,373 2,373
Total Construction Cost 26,101 26,101
Professional Fees, Design 1 % 2,610 2,610
Professional Fees, Const 1 % 2,610 2,61
Bond Amount 31,321 31,321'
A
",_.-
Frank7777:,
MEMORANDUM
J. Spevacek, City Manager
FROM: Timothy R.J s , Public Worksit rl i _ i r
DATE: October 15,2
Subdivision r reement for Washington Park
Commercial
Developments iwith Parcel Map No. 36883
Attachedryour __ _ review signature is_a subdivisionimprovement _ agreement
and among BR 2, LQ Land Company, and the City for the propertyrabove.
Reviews _and signatures r _i _ electronically via i _ system.
Pleasevi r electronic signature and advisethe CityClerk
so. The City Clerk will continue full execution and finaldistribution the agreement.
Requesting department shall check and attach the Items below as appropriate.
N/A_ Contract payments will be charged to account number:
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
w
N/A A Conflict of Interest Form 700 Statement of Economic interests is not required because this Consultant does not meet
the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on October 6, 2015 (date)
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement,
N/A Insurance certificates as required by the agreement (approved by Risk Manager on J
X Performance bonds as required by the agreement (originals); total security required $62,642
N/A City of La Quints Business License (copy or note number & expiration date Isere Nol )